(a) No later than July 1, 1984, the Attorney General shall
promulgate rules and regulations in accordance with the provisions
of chapter twenty-nine-a of this code, establishing guidelines for
law-enforcement agencies and prosecuting attorneys' offices
consistent with the purposes of this article. The Attorney General
shall seek the advice of the West Virginia State Police and
Department of Health and Human Resources in preparing such rules
and regulations. In preparing such rules and regulations, the
following objectives shall be considered:

(1) The arresting law-enforcement agency should ensure that
victims routinely receive emergency social and medical services as
soon as possible and are given information on the following:

(A) Availability of crime victim compensation (where
applicable);

(B) Community-based victim treatment programs;

(C) The role of the victim in the criminal justice process,
including what they can expect from the system as well as what the
system expects from them; and

(D) Stages in the criminal justice process of significance to
a crime victim, and the manner in which information about such
stages can be obtained.

(2) The prosecuting attorney or his or her assistant should
ensure that victims and witnesses receive information on steps that
law-enforcement officers and prosecuting attorneys can take to
protect victims and witnesses from intimidation.

(3) All victims and witnesses who have been scheduled to
attend criminal justice proceedings should be notified by the
prosecuting attorneys' offices as soon as possible of any
scheduling changes which will affect their appearances.

(4) Victims, witnesses, one member of the immediate family and
any adult household member residing with the victim should, if such
persons provide the appropriate official with a current address and
telephone number, receive prompt advance notification, if possible,
of judicial proceedings relating to their case, from the
prosecuting attorney's office, including:

(A) The arrest of an accused;

(B) The initial appearance of an accused before a judicial
officer;

(C) The release of the accused pending judicial proceedings;
and

(D) Proceedings in the prosecution of the accused including,
but not limited to, the entry of a plea of guilty, trial,
sentencing and, where a term of imprisonment is imposed, the
release of the accused from such imprisonment.

(5) The victim of a serious crime, or in the case of a minor
child or a homicide the family of the victim, shall be consulted by
the prosecuting attorney in order to obtain the views of the victim
or family about the disposition of any criminal case brought as a
result of such crime, including the views of the victim or family
about:

(A) Dismissal;

(B) Release of the accused pending judicial proceedings;

(C) Plea negotiations; and

(D) Pretrial diversion program.

(6) Victims and other prosecution witnesses should be provided
a waiting area that is separate from all other witnesses prior to
court appearances, if feasible.

(7) Law-enforcement agencies should promptly return victims'
property held for evidentiary purposes unless there is a compelling
law-enforcement reason for retaining it.

(8) A victim or witness who so requests should be assisted by
law-enforcement agencies and prosecuting attorneys in informing
employers that the need for victim and witness cooperation in the
prosecution of the case may necessitate absence of that victim or
witness from work. A victim or witness who, as a direct result of
a crime or of cooperation with law-enforcement agencies or
attorneys for the government, is subjected to serious financial
strain should be assisted by the appropriate state agencies in
dealing with creditors.

(b) Nothing in this section shall be construed as creating a
cause of action against the State of West Virginia or any of its
political subdivisions.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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